NASS supported partner – are they a non dep?

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  • #35214
    Julie Wilson
    Participant

    I seem to remember some time ago that where a partner joins the household of a JSA(IB) claimant and the partner is still receiving NASS support that they are treated as a non dep.

    Does anyone know if this is still the case and if so how would the LHA rate be calculated – based on the bedroom requirement of a couple or of a single person and a non dep?

    #98817
    Kay_Tade
    Participant

    [quote=”Julie Wilson”]I seem to remember some time ago that where a partner joins the household of a JSA(IB) claimant and the partner is still receiving NASS support that they are treated as a non dep.quote]

    I am not sure I remember when that was but as long as partner has a NINO I would change LHA rate and reasses claim based as a couple even though this will not reflect on JSA entitlement HB/CTB entitlement should change.

    Hope that is helpful.

    #98818
    Julie Wilson
    Participant

    sorry I forgot to mention that the partner does not have a NINO as he is being supported by NASS

    #98819
    Kay_Tade
    Participant

    https://hbinfo.org/forum/viewtopic.php?t=15203

    Have a look at the discussion on this is thread, as long as you have enough information to apply for a NINO using a DCI 1LA form, you can still pay the claim.

    #98820
    pbirks
    Participant

    If they have stated they are a couple, then the nino /id has to be satisfied for both parties – if they cannot do that then I didn’t think you could pay them…… 🙄

    #98821
    Julie Wilson
    Participant

    The issue is not really around the allocation of a NINO it is around the treatment of a partner who is still supported by NASS.
    We queried this with the DWP in 2003. The question was in relation to a partner and was posed as follows:

    According to DWP Circular A18/2000 Asylum Seekers supported by NASS
    will attract a non-dependant deduction if they choose to stay with people
    who are receiving HB or CTB, rather than take up accommodation offered by NASS.

    The reply came back stating Circular A18/2000 still applies so the partners will attract a non-dependent addition.

    So what I want to know is does the above still apply and if so how would this affect the LHA rate

    #98822
    Anonymous
    Guest

    As far as I can see they are a couple, so just the one bedroom.

    The 2000 Circular is a red herring: asylum seekers temporarily admitted to the country or overstayers already at large in the community do not always require NASS accommodation if they have friends and family they can stay with. If those friends and family are on HB and CTB then it is almost stating the obvious to say that there will be a non-dep deduction for any non-deps staying with them. That goes for non-deps generally, whether they are supported by NASS or not.

    But I don’t think the circular had in mind couples at all. Couples are an entirely different proposition. The aggregation provisions in ss 135 – 137 of the Conts and Bens Act say nothing to prevent an asylum seeker (whether supported by NASS or not) from being a member of a couple. Nor do the definitions in the HB Regs. If two people are a couple for the purposes of the Conts and Bens Act, then they are aggregated for means-tested benefit.

    I would suggest the NASS support should be counted as part of the couple’s income as long as it continues. But it is definitely a one-bed LHA.

    #98823
    Kay_Tade
    Participant

    [quote:274e3caf39=”chacha”] but as long as partner has a NINO I would change LHA rate and reassess claim[/quote:274e3caf39] 😳

    As Peter said it should be a 1 room LHA as they are a couple

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